How to sentence the intentional killing of a third party for killing a third party

My stationery box.

I have a normal stationery box.

This is my brother's stationery box for pens, one day, I went to my brother's house, my brother said: sister, you are about to go to school, I will give you a stationery box, you have to study hard. When I was in first grade, I used this stationery box all the time, and later, my mother bought me a new stationery box and didn't let me use it anymore, so I had to use it, but I still use it secretly.

It was made of leather, a blue body, with two brown bands inlaid in the blue, and a logo sewn into the lower part of the middle, in which was the head of a child, with small eyes, a small mouth, and black hair, shaped like half a watermelon, and his name was Watermelon Taro. Every time I see him, he seems to be saying to me: Little master, you have to study hard, and I will sit as your faithful friend.

The stationery box has two layers, one is small, one is large, open its zipper, you can see a "small curtain" open to see, vomit, is my little assistant, they are all lying together, especially my pen, it has been a day of fatigue for me, I am so grateful for the pen! Let them rest well!

The pen is a pole in my study, and I won't be able to learn without it, and it's the stationery box that helps me take care of them. Whenever I get a good score in an exam, I look at it with pleasure because I also have a part in it.

All in all, it has been with me for 2 springs, summers, autumns and winters.

I will cherish it as much as a fountain pen, and I will be very grateful for it!

Brother, you're not real, you install jj on him, don't do stupid things, the person who betrayed you is not worthy of your love, the end of the world and everywhere there is no grass!

No way. You're fierce enough. Dude admires.

Cut it off. jj

Now it should be barreled he pp

Intentional homicide of a third person is generally between three and ten years. Intentional homicide is committed when another person is intentionally killed. In the case of less serious homicide, the criminal punishment is usually between three and ten years' imprisonment.

If the circumstances are more serious, the starting point in this case is 10 years imprisonment, in addition to which the offender may be sentenced to life imprisonment, and the maximum sentence may be the death penalty.

Legal analysis

The crime of intentional homicide is a crime of a very heinous nature. The constitutive elements of the crime of intentional homicide mainly include: From an objective point of view:

Regardless of the mode of conduct, as long as the perpetrator commits the act of depriving another person of life, he may commit the prescribed crime of intentional homicide. It should be noted here that the act of intentional homicide is committed by omission, and this must have a premise, that is, the perpetrator has a certain obligation to protect the life of others, that is, the perpetrator has a specific obligation to prevent the death of others. Subjectively:

The perpetrator needs to be subjectively intentional. Intent in criminal law is different from intent as we generally understand it, and intent in criminal law has direct intent and indirect intent. Direct intentional homicide is when the perpetrator actively pursues the outcome of the victim's death, while indirect intentional means that he knows that the victim may die, but he allows the outcome to occur.

Legal basis

Criminal Law of the People's Republic of China

Article 232:Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given. Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.

Typical intentional homicide. The judge will consider how to sentence the defendant from various aspects such as the defendant's subjective malice, attitude towards admitting guilt, and the means of committing the crime. If the victim is not dead and the defendant has a good attitude in admitting guilt, it may not be too heavy, and if he is dead, the attitude of admitting guilt is also better, and the methods are not cruel, it may be a relatively long fixed-term imprisonment or life imprisonment.

If the means are cruel and the impact is bad, the death penalty may be imposed.

But consider that you were in a state of agitation at the time.

Conviction and sentencing are to be provided for in accordance with the provisions of the crime of intentional homicide.

Whoever commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and shall be sentenced to prison for assault. According to the laws of our country, a person who has a spouse who bigamy, or who clearly knows that another person has a spouse and marries with him, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 258 of the Criminal Law provides that a person who has a spouse and marries another person, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Legal Analysis: Killing a third party without the death penalty may be a circumstance that does not reach the point of imposing the death penalty. The crime of intentional homicide refers to the act of deliberately depriving another person of his life, and the actual perpetrator constitutes the crime of intentional homicide as long as the perpetrator commits the act of intentional homicide.

Where the law provides for intentional homicide, the sentence shall be death, life imprisonment or fixed-term imprisonment of not less than 10 years.

Legal basis: Article 232 of the Criminal Law of the People's Republic of China stipulates that whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.